Stansberry v. United States of America

Filing 23

STIPULATION AND ORDER re 22 . STIPULATION WITH PROPOSED ORDER re 18 MOTION to Dismiss for Lack of Jurisdiction (Stipulation re Briefing Schedule) filed by Randy Stansberry, United States of America. Signed by Magistrate Judge Kandis A. Westmore on 7/16/18. (sisS, COURT STAFF) (Filed on 7/16/2018)

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1 ALEX G. TSE (CABN 152348) United States Attorney 2 SARA WINSLOW (DCBN 457643) Chief, Civil Division 3 DAVID A. PEREDA (CABN 237982) Assistant United States Attorney 1301 Clay Street 4 Oakland, CA 94612 Telephone: (510) 637-3701 5 FAX: (510) 637-3724 David.Pereda@usdoj.gov 6 7 Attorneys for Federal Defendants 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 12 RANDY STANSBERRY, Plaintiff, 13 14 15 16 v. UNITED STATES OF AMERICA, Defendant. 17 18 ) Case No.: C18-01563 KAW ) ) STIPULATION RE BRIEFING SCHEDULE; ) [PROPOSED] ORDER ) ) ) ) ) ) ) ) ) 19 20 21 22 Pursuant to Civil L.R. 7-12, the parties, through their counsel, hereby stipulate as follows: 23 1. On March 12, 2018, Randy Stansberry filed this action. See ECF 1. 24 2. On April 2, 2018, Ms. Stansberry completed service of the summons and complaint. 25 3. The parties have been meeting and conferring in good faith on whether there is jurisdiction 26 over this action. To allow time for that to occur, the parties agreed to make the government’s response 27 due on June 29, 2018. ECF 14. 28 STIPULATION C18-01563 KAW 1 1 4. The parties still have different views on whether there is jurisdiction over this action. But 2 the parties plan to continue to discuss the issue and to work together to resolve it. To that end, the 3 government has filed a Motion to Dismiss setting forth the government’s position. ECF 18. And the 4 parties respectfully request that the Court adopt the following briefing schedule for that motion: 5  Opposition: July 27, 2018 6  Reply: August 10, 2018 7  Hearing: September 20, 2018, or as soon after as the Court is available 8 9 IT IS SO STIPULATED. 10 11 DATED: July 11, 2018 Respectfully submitted, 12 ALEX G. TSE Acting United States Attorney 13 /s/ David Pereda DAVID PEREDA Assistant United States Attorney 14 15 Attorneys for Defendant 16 17 DATED: July 11, 2018 PERKINS & ASSOCIATES 18 */s/ Natalia Asbill NATALIA D. ASBILL 19 Attorneys for Plaintiff 20 21 PURSUANT TO STIPULATION, IT IS SO ORDERED. 22 23 24 Dated: 7/16/18 KANDIS A. WESTMORE UNITED STATES MAGISTRATE JUDGE 25 26 *In compliance with Civil Local Rule 5-1(i)(3), the filer of this document attests under penalty of perjury 27 that each signatory has concurred in the filing of this document. 28 STIPULATION C18-01563 KAW 2

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